AGENDA

Wednesday, February 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

8:30 a.m.
12100 Park 35 Circle
Bldg. E., Room 201S

Item 1 Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken
Item 2. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSED MEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, AS PERMITTED BY Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
No Action Taken
Item 3. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
No Action Taken


OLD BUSINESS AGENDA

Wednesday, February 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item carried forward from agenda of December 20, 2000.
Item 1. Docket No. 2000-1272-MWD. Consideration of permit application no. 11319-001, submitted by Lost Creek Municipal Utility District for a renewal of Permit No. 11319-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 520,000 gallons per day via irrigation of a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located at 6104 1/2 Turtle Point Road, approximately 800 feet east of the intersection of Lost Creek Boulevard and Turtle Point Road in the Lost Creek Subdivision in Travis County, Texas. The disposal sites (i.e., the Lost Creek Golf Course and the adjacent 38-acre tract) are located in the Lost Creek Subdivision. The plant site and disposal area are located in the drainage basin of Barton Creek in Segment No. 1430 of the Colorado River Basin. The Commission will also consider hearing requests, related responses and replies, public comment and the Executive Director's response to comments. (Firoj Vahora/Snehal Patel)
Item continued to March 7, 2001 per General Counsels letter dated January 9, 2001.


ADDENDUM TO OLD BUSINESS

Wednesday, February 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item carried forward from agenda of January 24, 2001.
Item 2. Docket No. 2000-1431-RUL. Consideration for publication of, and hearing on, proposed amendments to 30 TAC Chapter 331, Underground Injection Control:
Subchapter G. Consideration Prior to Permit Issuance
          Section 331.121, Class I Wells
Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells
          Section 331.161, Applicability
          Section 331.163, Well Construction Standards
If approved, the proposed amendments would clarify the type of information needed to demonstrate a thorough geologic characterization of the salt dome. Currently, a three-dimensional seismic survey is required to image underneath all suspected overhangs and to delineate the edge of the salt stock. The proposed amendments will change this requirement to a more localized three-dimensional seismic survey over the proposed salt cavern location. The localized seismic survey is part of a demonstration to establish the geologic suitability of a proposed location of a salt cavern Class I injection well. (Melissa Estes/Kathryn Herzog) (Rule Log No. 2000-053-331-WT)
Continued to February 21, 2001


AGENDA

Wednesday, February 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

9:30 a.m.
Bldg E. Room 201S
12100 Park 35 Circle

PUBLIC WATER SUPPLY ENFORCEMENT AGREED ORDERS
Item 1. Docket No. 2000-0890-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Harbor Grove Water Supply Corporation in Denton County; Public Water Supply No. 0610045 and Certificate of Convenience and Necessity No. 11347; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Terry Thompson, Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 2. Docket No. 2000-0844-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Westbound Water Supply Corporation in Eastland County; Public Water Supply ID No. 0670026; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Jaime Garza)
Issue Agreed Order, RM/JB. All Agree
Item 3. Docket No. 2000-0499-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of East Rio Hondo Water Supply Corporation in Cameron County; Public Water Supply No. 0310096 and Certificate of Convenience and Necessity No. 11552; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett, Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 4. Docket No. 2000-0296-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Jim Wells County Fresh Water Supply District No. 1 in Jim Wells County; Public Water Supply No. 1250030; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341, Tex. Water Code ch. 13, and the rules of the Texas Natural Resource Conservation Commission. (Merrilee Gerberding, Joseph Daley)
Issue Agreed Order, RM/JB. All Agree
Item 5. Docket No. 2000-0686-PWS-E. Consideration of an Agreed Order assessing administrative penalties against Andy Kirkpatrick dba Moon River Bar and Grill in Travis County; Public Water Supply No. 2270284; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kimberly McGuire, Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 6. Docket No. 2000-0806-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Arcola Aviation, Inc. in Fort Bend County; Public Water Supply ID No. 0790142; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Kara Dudash, Jaime Garza)
Issue Agreed Order, RM/JB. All Agree
Item 7. Docket No. 2000-0732-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Big Cedar Country Club, Inc. in Freestone County; Public Water Supply No. 0810036; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Clint Pruett, Sherry Smith)
Issue Agreed Order, RM/JB. All Agree
Item 8. Docket No. 2000-0712-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Chatfield Water Supply Corporation in Navarro County; Public Water Supply ID No. 1750012; for drinking water quality violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Jaime Garza)
Remand to Executive Director, RH/RM. All Agree
MULTI-MEDIA ENFORCEMENT AGREED ORDER
Item 9. Docket No. 2000-0850-MLM-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Poly-America, Incorporated in Dallas County; petroleum storage tank facility ID No. 0020933 and Air Account No. DB-0658-J; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code chs. 7 and 26, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Merrilee Gerberding)
Issue Agreed Order, JB/RH. All Agree
AIR ENFORCEMENT AGREED ORDERS
Item 10. Docket No. 1998-1171-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Vetrotex Certainteed Corp dba Vetrotex America in Wichita County; TNRCC ID No. WH-0014-S; for air violations pursuant to the Texas Clean Air Act, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Booker Harrison)
Issue Agreed Order, RM/RH. All Agree
Item 11. Docket No. 2000-0815-AIR-E. Consideration of an Agreed Order assessing administrative penalties against The Hanover Company in Live Oak County; Air Account No. LK-0040-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 12. Docket No. 2000-0935-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Tejas Ship Channel, LLC in Brazoria County; Air Account No. BL-0675-H; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Sheila Smith, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 13. Docket No. 2000-0851-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of E.M. Combs dba E.M.'s Used Cars and Trucks in Navarro County; Air Account No. NB-0170-C; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Jorge Ibarra, P.E., Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 14. Docket No. 2000-0371-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Northwest Recycling Company, L.L.C. in Harris County; Air Account No. HG-7379-F; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Tel Croston, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 15. Docket No. 2000-0782-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Nucor Corporation dba Nucor Vulcraft Group, Grapeland Division in Houston County; Air Account No. HS-0017-K; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Susan Kelly, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 16. Docket No. 2000-0950-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Wastequip, Inc. dba May Fab in Bee County; Air Account Number BE-0047-W; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 17. Docket No. 2000-0949-AIR-E. Consideration of an Agreed Order assessing administrative penalties against West Texas Gas, Inc. dba Davis Gas Processing Co. in Reagan and Irion Counties; Air Account Nos. IA-0009-B and RC-0001-Q; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 18. Docket No. 2000-0948-AIR-E. Consideration of an Agreed Order assessing administrative penalties against West Texas Gas, Inc. dba Neleh Gas System in Crockett County; Air Account No. CZ-0024-D; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark Newman, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 19. Docket No. 2000-1039-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Canyon Pipe Line Corporation in Sterling County; TNRCC Account No. SO-0007-V; for air quality violations pursuant to the Texas Clean Air Act, Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Mark L. Newman, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 20. Docket No. 2000-0939-AIR-E. Consideration of an Agreed Order assessing administrative penalties against Diamond Fiberglass Fabricators, Inc. in Victoria County; Air Account Number VC-0060-O; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Audra Baumgartner, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
Item 21. Docket No. 2000-0775-AIR-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Fixture Exchange Corporation in Tarrant County; Air Account No. TA-0645-N; for air quality violations pursuant to Tex. Health & Safety Code ch. 382, Tex. Water Code ch. 7, and the rules of the Texas Natural Resource Conservation Commission. (Wendy Cooper, Merrilee Gerberding)
Issue Agreed Order, RM/RH. All Agree
MUNICIPAL WASTE DISCHARGE ENFORCEMENT AGREED ORDERS
Item 22. Docket No. 1999-1332-MWD-E. Consideration of an Agreed Order assessing administrative penalties against and requiring certain actions of Sunbelt Fresh Water Supply District in Harris County; TNRCC ID Nos. 10236-001 (formerly NPDES Permit No. Tx. 0021253) and 10812-001 (formerly NPDES Permit No. Tx 0021270); for water quality violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Issue Agreed Order, RH/RM All Agree
Item 23. Docket No. 1999-1398-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of City of Kendleton in Fort Bend County; TNRCC ID No. 10996-001; for water quality violations pursuant to ch. 26 of the Tex. Water Code and the rules of the Texas Natural Resource Conservation Commission. (Rebecca Nash Petty)
Issue Agreed Order, RH/RM. All Agree
Item 24. Docket No. 2000-0403-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of the City of Sinton in San Patricio County; WQ Permit No. WQ13641-001 and NPDES Permit No. TX0110361; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Erika Fair, Jaime Garza)
Remand to Executive Director, RH/JB. All Agree
Item 25. Docket No. 1999-1530-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of U.S. Department of the Interior in Hidalgo County; Water Quality Permit No. 12350 (expired); for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Terry Murphy, Sherry Smith)
Issue Agreed Order, RH/RM. All Agree
Item 26. Docket No. 2000-0325-MWD-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Port Mansfield Public Utility District in Willacy County; Expired NPDES Permit No. TX0076392; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Natural Resource Conservation Commission. (Joseph Daley, Sherry Smith)
Issue Agreed Order, RH/RM. All Agree
PETROLEUM STORAGE TANK ENFORCEMENT AGREED ORDERS
Item 27. Docket No. 1998-1405-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Munira Interests, Inc. in Brazoria County; TNRCC ID Nos. 5573, 54956, 54953, and 46585; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Dan E. Joyner)
Issue Agreed Order, RM/JB. All Agree
Item 28. Docket No. 1999-0645-PST-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of George Pickett dba Johnnie's in Fort Bend County; TNRCC ID No. 0038907; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Dan E. Joyner)
Issue Agreed Order, RM/JB. All Agree
PETROLEUM STORAGE TANK AMENDED AGREED ORDER
Item 29. Docket No. 2000-0004-PST-E. Consideration of an Amended Agreed Order modifying certain provisions of the Commissioner's previous Order approved on July 12, 2000, regarding Andrews Transport, Inc., in Jefferson County; TNRCC ID No. 0040091; for petroleum storage tank violations pursuant to ch. 26 of the Tex. Water Code, ch. 382 of the Tex. Health & Safety Code, and the rules of the Texas Natural Resource Conservation Commission. (Dan E. Joyner)
Issue Amended Agreed Order, JB/RH. All Agree
RULES
Item 30. Docket No. 2001-0060-RUL. Consideration of a petition for rulemaking filed by Weirich Bros., Inc. and Texas Aggregates & Concrete Association requesting that the commission amend 30 TAC Chapter 321, Subchapter D.
The proposed amendments would modify Section 321.66 to require any person owning or operating a sand and gravel washing operation that conducts effluent through a point source discharge to water in the state to obtain an individual permit or a general permit. (Snehal R. Patel/Michael Bame) (Rule Log No. 2001-001-321-WT)
Continued to March 7, 2001
EXECUTIVE SESSION
Item 31. Docket No. 1999-0024-EXE. THE COMMISSION WILL CONDUCT A CLOSEDMEETING TO RECEIVE LEGAL ADVICE AND WILL DISCUSS PENDING OR CONTEMPLATED LITIGATION, SETTLEMENT OFFERS, AND/OR THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE OR DISMISSAL OF SPECIFIC COMMISSION EMPLOYEES, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code.
Item 32. Docket No. 1999-0025-EXE. THE COMMISSION WILL CONDUCT A CLOSED SESSION TO DISCUSS THEIR DUTIES, ROLES, AND RESPONSIBILITIES AS COMMISSIONERS OF THE TNRCC PURSUANT TO SECTION 551.074 OF THE OPEN MEETINGS ACT, CODIFIED AS CHAPTER 551 OF THE GOVERNMENT CODE. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
Item 33. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.
(PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THE TNRCC AGENDA AND WHO MAY NEED AUXILIARY AIDS OR SERVICES SUCH AS INTERPRETERS FOR PERSONS WHO ARE DEAF OR HEARING IMPAIRED, READERS, LARGE PRINT, OR BRAILLE ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST TWO (2) WORK DAYS PRIOR TO THE AGENDA, SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE. PERSONS WHO DESIRE THE ASSISTANCE OF AN INTERPRETER IN CONJUNCTION WITH THEIR ORAL PRESENTATION AT THIS TNRCC AGENDA ARE REQUESTED TO CONTACT DOUG KITTS IN THE OFFICE OF THE CHIEF CLERK AT (512) 239-3317 AT LEAST FIVE (5) WORK DAYS PRIOR TO THE AGENDA SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE.)
REGISTRATION FOR AGENDA STARTS AT 8:45 A.M. UNTIL 9:30 A.M. PLEASE REGISTER BETWEEN THESE TIMES. LATE REGISTRATION COULD RESULT IN YOUR MISSING THE OPPORTUNITY TO COMMENT ON YOUR ITEM.


AGENDA

Wednesday, February 7, 2001

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

1:00 p.m.
Bldg E. Room 201S
12100 Park 35 Circle

Item 1. TNRCC Docket No. 1999-1521-MWD; SOAH Docket No. 582-00-0811. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application of Lee J. and Carl Marsalise to TDPES Permit 13906-001 to authorize the disposal of treated domestic effluent at a daily average flow not to exceed 17,000 gallons per day on a minimum of 170,000 square feet (3.9 acres) of non-public access land in Travis County, Texas and Segment No. 1428 of the Colorado River Basin.
Adopt Administrative Law Judge's Proposal for Decision and Issue Order, RH/RM. All Agree
Item 2. TNRCC Docket No. 2000-0116-UIC; SOAH Docket No. 582-00-0405. Consideration of the Administrative Law Judge's Proposal for Decision and Proposed Order concerning the application by Environmental Processing Systems, LC for modifications for Permits No. WDW-316 and WDW-317. The facility is located in Liberty County, Texas.
Adopt Administrative Law Judge's Proposal for Decision and issue order with changes as recommended by Administrative Law Judge and Executive Director, RH/RM. Baker voted against